Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-08-26
A STAY FOR SHARP.
JUDGE POTTER STOPS TIE PROCEED
INGs IN TIE CASE.
In Appeal TO DO Decided by tbs General
Term-Reasons Why the Stay
was Granted.
by telegraph to the Dispatch.l

New YORK, August 25.-Judge Pot
ter granted a stay of proceedings in the
Jacob Sharp case on the ground that
there is reasonable doubt that judg-
ment reached in the Court of Oyer and
Terminer should stand, and he orders
a stay in the execution of such iudg-
mcnt until an appeal shall be decided
by the general term.
Judge Potter, in his decision, says 4:
Baving become impressed with the
clear conviction that the trial court fell
into error III the admission Of some OF
the evidence offered by the prosecu.
ton, and that for these errors the APP
relate court must grant the defendant
a Few tl1al, | have not, therefore, eX
aminod the evidence any further than
il lad some relation to the objections
and exceptions to the evidence re-
ctiyed upon the trial and the charge OF
the trial Judge. have been called
upon to examine the charge, and | am
quite free to say that the charge is re-
ioarkably clear, fair, and faultless, ex-
ccpt IN prcscntiDg for consideration OF
the jury those portions OF the evidence
which | think were enormously re-
ceived upon the trial. In my opinion
important evidence was received upon
the trial in these respect
First. Testimony given by the de-
fondant before the Railroad Committee
OF the Senate authorized and directed
to investigate the means and methods,
and to obtain the consent OF the local
authorities to construct Il Broadway
surface railroad
Second. The fact of the absence of
persons charged in the indictment with
The defendant with the cline OF
bribery. and soiourns in Canada as the
excuse of their non-prOductlOn as wit
resscG against the defendant by the
prosecution and,
Third. The opinion, or supposltion,
Of the witness Miller as to the motive
or purpose Of DeLacy when he handed
Aiillef the 5000. TIE testimony of
the defendant was taken before the
Senate committee under resolution
passed by the Senate.
The Judge then quotes the reso-
lutions, and continues The testi-
mony given by the defendant in
answer to questions put to him
by the Senate committee and its
counsel were received in evidence over
objection and exception upon the trial
Of the Indictment OF the defendant for
bribery of one of the Board of Alder
men in voting for the consent OF the
aldermen to construct the Broadway
railroad. am very decidedly OF the
opinion the Court erred in admission OF
such testimony.
lie rule at common law, and before
The adoption of the Constitution Of the
United States or that OF any OF the
States. was that IA witness should not
be obliged TO give evidence which
could be used against himself in any
criminal trial.
That principle is embodied i'll the
Constitution OF the United States aud
in that of this State in these words {:
- 80 person shall be compelled i'll
any criminal case to be II witness
against himself"
HE news of the decision by Judge
Potter reached the city about noon,
and created no little excitement a
number OF people flocked to the court-
house at once to ascertain the truth OF
the report. Nearly all the leading
lights in the trial are out of town.
Judge Barrett is at Block Island.
WILL ASK FOR ONE MILLION DOLLARS
BAIL.
WEST EYD, LoNG BRANCH, n. j., Au-
gust 25.-District-Attorney MARITIME, OF
New York, who is at Seabright, sli( to-
night that he had anticipated that a
stay would be granted i'll the Sharp
case, and several days ago he applied
to Governor Hill asking him, in case
ne stay was granted, to convene an
extraordinary session of the genera
tenn, which would allow arguments in
the c. Sc to be heard at chce. If Snaps
lawyers ask that he be admitted to ball
MARITIME says he will demand that bail
bo fixed at 81 900, 900.